CHAPTER
103
SUBDIVISION
CONTROL ORDINANCE
6 – 103.1
Purpose
The purpose of these regulations is to protect and promote the public Health, Safety, and General Welfare and to provide for:
6 – 103.1-a The proper arrangement of streets or highways in relation to existing or planned streets or highways;
6 – 103.1-b Adequate and convenient open space for traffic, utilities, access for fire fighting apparatus, recreation, light and air;
6 – 103.1-c Guidance of public and private policy and action in order to assure adequate and efficient water, sewerage, schools, parks, drainage, and other public requirements and facilities;
6 – 103.1-d Establishment of reasonable standards of design and minimum requirements for the creation, installation, and improvement of physical facilities which are, or will be, maintained for the benefit of general public;
6 – 103.1-e Establishment of reasonable standards and procedure for subdivisions and re-sub-divisions, in order to further the orderly layout and use of land; and to insure proper legal descriptions and monumenting of subdivided land;
6 – 103.1-f Prevention of the pollution of air and water; provision of drainage facilities and the safeguarding of the water table; and the encouragement of wise use and management of natural resources in order to preserve the integrity, stability, natural beauty and topography, and the value of the land;
6 – 103.1-g Administration of these regulations by defining the powers and duties of approval authorities; and the manner and form of making, filing and processing of any-plat.
6 – 103.2
Authority
6 – 103.2-a The Planning Act of 1957 as amended by Indiana Code, 18-7-4-101 through 1213. (Public Law 178, Acts of 1979) "An Act Authorizing the Establishment of Area Planning Department axed Through Their Administration The Development, Through Planning, Of Urban and Rural Areas" enables the city, county and towns to adopt regulations governing plats, re-plats and subdivision of land within their respective jurisdictions. Furthermore the Act states: As soon as practicable after the establishment of an area plan commission, it shall recommend for adoption a subdivision control ordinance to each participating legislative body. The ordinance shall specify the standards by which the commission shall determine whether a plat qualifies for approval. The ordinance must include standards for:
6 – 103.2-a.1 Minimum width, depth, and area of lots within the subdivision;
6 – 103.2-a.2 Street widths, grades, curves and the coordination of subdivision streets with existing and planned streets and highways;
6 – 103.2-a.3 The dimensions of water, sewer, and other municipal services;
6 – 103.2-a.4 The allocation of areas to be used as streets, parks, schools, public and semi-public buildings, homes and utilities.
6 – 103.2-b In no case shall the standards fixed in the sub-division ordinance for a particular land use be lower than the minimum standards prescribed in the zoning ordinance for a similar use. The ordinance may involve the opening of a new street and which complies in all other respects with the sub-division control and zoning ordinance may be approved by the commission without public notice and hearing. (I.C. 18-7-4 Sec. 702)
6 – 103.3
Definitions
As used in this ordinance, the following terms shall have the meanings ascribed to them.
ALLY. A strip of land, dedicated to public use, primarily to provide vehicular service access to the side or rear of properties otherwise abutting on a street.
APPLICANT. The owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises.
BLOCK. A tract of land bounded by streets, or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.
BOND. Any form of security including a cash deposit, surety bond, collateral, or instrument of credit in an amount and form satisfactory to the Governing Body. All bonds shall be approved by the Governing Body whenever a bond is required by these regulations.
CERTIFICATE OF COMPLIANCE. A recordable form issued by the Executive Director. Said form allows an owner of a tract of land to divide said tract once without being subject to all the provisions of this Subdivision Ordinance.
CHANNEL. A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
CITY, COUNTY, TOWN. The City (county/town) having jurisdiction of the parcel of land under consideration. The word city shall include town.
COMMISSION. The Area Plan Commission for Vigo County.
COMPREHENSIVE PLAN OR MASTER PLAN. A plan for the physical development of the community, prepared and adapted by the Commission, pursuant to State law, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof. The document shall show the general location and extent of present and proposed physical development, including, but not limited to housing, industrial and commercial uses, streets, parks, schools and other community facilities.
COUNTY. The County of Vigo, Indiana.
CONSTRUCTION PLAN. The maps, drawings and textual descriptions accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements enumerated in this ordinance as a condition of the approval of the plat.
COVENANT. A private legal restriction on the use of land contained in the deed to the property and otherwise formally recorded.
CUL-DE-SAC. "Cul-de-sac stem" means a short minor street, having one end open
to motor traffic. "Cul-de-sac" means the vehicular turn-around at the end of
the stem.
CULVERT. A drain pipe that channels water under a bridge, street, or driveway.
DEDICATION. The setting apart of land ox interests in land far use by the public by ordinance, resolution, or entry in the official minutes as by the recording of a plat.
DEFINITIONS GENERALLY. The following definitions represent the meanings of terms as they are used in these Subdivision Regulations; the singular number includes the plural and the plural, the singular. The word shall is mandatory. The word may is permissive. The word should may be interpreted by the Commission as either mandatory or permissive depending upon the detailed circumstances of each specific application.
DENSITY. A unit of measurement; the number of dwelling units per acre of land. (1) Gross Density - the number of dwelling units per acre of the total land to be developed, including public rights-of-way. (2) Net Density - the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public rights-of-way and other public sites.
DEVELOPER. The owner of land proposed to be subdivided, or his representative. Consent shall be required from the legal owner of the premises.
DIRECTOR. Executive Director as defined herein or his designated staff member.
DRIVEWAY. A private way of ingress and egress leading from a public or private (non-dedicated) street to a building, house or garage, etc.
EASEMENT. An authorization or grant by a property owner to specific person(s) or to the public to use land for specific purposes.
ESCROW. The arrangement for the handling of instruments or money not to be delivered until specified conditions are met.
EXECUTIVE DIRECTOR. The Executive Director of the Area Planning Department as prescribed by law.
FLOOD HAZARD AREA. A (load plain, or portion thereof, which has not been adequately protected from floodwater by means of dikes, levees, reservoirs, or other works approved by the Indiana Natural Resources Commission.
FLOOD PLAIN. The relatively flat area or low land adjoining the channel of a river or stream which has been or may be covered by flood water. The flood plain includes the channel, floodway and floodway fringe.
FLOODWAY. The channel of a river or stream and those portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the flood water or flood flow of any river or stream.
FLOODWAY FRINGE. Those portions of the flood hazard areas lying outside the floodway.
FRONTAGE. The length along the street right-of-way line of a single lot, tract, or development area between the side lot lines of the property. It is that side of a lot abutting a street and ordinarily regarded as the front of the lot.
FUNCTIONAL STREET CLASSIFICATION.
A. Principal Arterial: serves corridor movements with trip lengths and density characteristics indicative of substantial statewide or interstate travel. Carries the major as well as the majority of through movements. Includes:
1. Interstate (full control of access)
2. Other freeways and expressways (limited access control)
3. Other principal arterials (with no control of access)
B. Minor Arterial: includes all arterials not classified as principal. Contains facilities that place more emphasis on land access and provides connections to collector roads.
C. Collector: provides bath land access service and traffic circulation within residential neighborhoods, commercial and industrial areas Collects traffic from local streets and channels it into the arterial system.
D. Local: comprises all facilities not on one of the higher systems. It serves primarily to provide direct access to abutting land and to the higher order streets.
GRADE. The slope of a raced, street, or other public way, specified in terms of percentage (%). Example: One foot of rise in 100 feet would be a one percent grade.
GOVERNMENTAL ENGINEER.
(1) The County Highway Engineer or his designated representative far the unincorporated area of Vigo County;
(2) The City Civil Engineer or his designated representative for the City of Terre Haute; and
(3) A registered professional engineer or his designated representative
for the appropriate incorporated fawn within Vigo County.
IMPROVEMENTS. Street grading and surfacing, with or without curbs and gutters, sidewalks, crosswalks, water mains, sanitary and storm sewers, culverts, bridges, and street trees.
JURISDICTION. Jurisdiction of local government means all land within its boundaries and any land outside its boundaries over which it is authorized to exercise powers under State Planning Legislation.
LAND SURVEYOR. Any person who is licensed in the State of Indiana to practice professional land surveying.
LOT. A tract, plat, or portion of a subdivision or other parcel of land intended as a unit far the purpose, whether immediate or future, of transfer of ownership or for building development.
MARKER. Along lived object set in the ground to perpetuate a lot or other secondary subdivision property corner.
MOBILE HOME. A structure designed as a dwelling unit for location on a permanent foundation, and containing sleeping accommodations, a toilet, a tub or shower bath, and kitchen facilities, including major appliances and furniture, with plumbing and electrical connections provided for attachment to outside systems; and designed to be transported, after fabrication, on its own wheels. The minimum length for such structure shall be not less than 35 feet excluding the hitching tongue.
MOBILE HOME SUBDIVISION. A division of land into lots for the purpose of occupant ownership and placement of mobile homes thereon.
MONUMENT. Any permanent marker either of stone, concrete, cast iron heavy galvanized iron pipe, (recognizable or readily identifiable) or steel rods, used to identify the boundary lines of any tract, parcel, lot or street lines.
NON-DEDICATED (ROADS). Any street or road that is private and not the responsibility of the City or County to perform maintenance on said street or road.
OFF-SITE (OFF-PREMISES). Any premises or structure not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.
OPEN SPACE. A public or private outdoor area expressly set aside far the use and benefit of the public.
OWNER. Any person, firm association, syndicate, partnership, corporation, or and other legal entity having legal title to the land as retarded with the Vigo County Recorder sought to be subdivided under these regulations.
PERFORMANCE BOND. An amount o£ money or other negotiable security paid by
the sub-divider or his surety to the (County, City) Clerk which guarantees that the sub-divider will perform all actions required by the Governing Body regarding an approved plat, and provides that if the sub-divider defaults and fails to comply with the provisions of an approved plat, the sub-divider or his surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the approved plat.
PLANNED UNIT DEVELOPMENT. A subdivision designed as a combination of
residential, commercial and/or industrial uses planned for a tract of land to be
developed as a unit under single ownership or control, which is developed for the purpose of selling individual lots or estates, whether fronting on private or dedicated streets, which may include two or more principal buildings.
PLAT, FINAL. The final and formal presentation o£ the map, plan for record of a subdivision and any accompanying material, as described in these regulations.
PLAT, PRELIMINARY. The preliminary drawing or drawings, described in these
regulations, indicating the proposed layout of the subdivision which is submitted to the Commission for approval.
PUBLIC UTILITIES. All persons, firms, corporations, co-partnerships, or
municipal authorities providing gas, electricity, water, steam, telephone, sewer, or other services of a similar nature.
RESIDENTIAL DEVELOPMENT. The placement of, or construction o£, a new structure(s) beginning the effective date of this ordinance for the purpose of providing living accommodations whether or not for immediate or future use: For the purpose of this ordinance the placement of a mobile home constitutes residential development.
RESUBDIVISION (REPLAT). A change in a map for an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot lines; or if it affects any map or plat legally recorded prior to the adoption of any regulations controlling subdivisions.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by transportation facilities, public utilities or other special public uses. Right-of-way intended for any use involving maintenance by a public agency shall be dedicated to the public use by the maker of the plat on which such right-of-way is established.
RIGHT-OF-WAY WIDTH, STREET. The distance between property lines measured at right angles to the centerline of the street.
ROADWAY. Way of ingress and egress which serves two (2) or more parties which is greater than 100 feet in length. An ingress/egress which is less than 100 feet in length may, at the discretion of the Commission, be considered a roadway.
SALE OR LEASE. Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, intestate succession, or transfer, of an interest in a subdivision or part thereof, whether by deed, contract, or other written approval.
SECTIONALIZING. A process whereby an applicant seeks final plat approval on only a portion of a plat which has previously been granted preliminary approval.
SCREENING. Any means of protecting an area of land from the adverse visual and audible effects of another area.
SETBACK. The distance between a building and the nearest street right-of-way line or property line regardless of whether it is the front, side or rear of the building. It is an imaginary line established by the zoning ordinance that requires all buildings to be set back a certain distance from property lines. .
SHOULDER. That portion of a roadway between the outer edge of the through traffic pavement and the curb or the paint of intersection of the slope lines at the outer edge of the roadway and the fill, ditch, or median slope, for the accommodation of stopped vehicles, for emergency use, and far lateral support.
STREETS OR ROADS. These are general terms denoting a public way for purposes of vehicular and pedestrian travel, including the entire area within the right-of-way. In rural areas, or in urban areas where there is comparatively little access and egress, a way between prominent termini is usually called a highway or road. Away in an urban area, with or without provision made for curbs, sidewalks, and paved gutters, is ordinarily called a street.
SUBDIVIDER. Any person, individual, firm, partnership, association, corporation, estates, trust, or any other group or combination acting as a unit, dividing, or proposing to divide land so as to constitute a subdivision as herein defined, and includes any agent of the subdivides.
SUBDIVISION.
A. A division of any tract of land by the owner or his agent into lot(s) far the purpose of residential development.
B. A re-division of any lot or tract of land by the owner or his agent into additional lots for the purpose of residential development. These regulations shall not apply to the following:
1. A division of any tract, as set out in Subpart A above does not constitute a subdivision if minimum requirements of Section 6-103-8 have been complied with;
2. An adjustment of lot lines as shown on a recorded plat which does not reduce the area, frontage, width, depth, or building setback lines of each building site below the minimum zoning requirements or this subdivision ordinance and does not increase the original number of lots;
3. A division of land for agricultural use. However, when a residence is located on a portion of agricultural land which is divided out, a resolution and affidavit shall be submitted to the Area Plan Commission for their approval unless a Certificate of Compliance has been issued.
4. An allocation of land in the settlement of an estate of a descendent or a court decree for the distribution of property;
5. The exchange of land for the purpose of straightening property boundary lines which does not result in the creation of a buildable lot;
6. The unwilling sale of land as a result of legal condemnations as defined and allowed in the Indiana State Law.
THOROUGHFARE PLAN. A plan and maps established by the Governing Body, pursuant to law as a portion of the Comprehensive Plan, showing the location of streets and roads, functionally classified public facilities, utilities and desirable future infrastructure. The plan is approved, adopted and established by law and any amendments or additions, including those resulting from the filing and approval of subdivision plats, are adopted by the Governing Body as a continuous updating of the Plan.
TOPOGRAPHIC PLAT. Contour lines delineating elevations superimposed over the subdivision lot and street layout and to indicate existing features, structures, drainage ways, etc., and proposed change of drainage.
TRACT. An area of land having a separate legal description which said legal description existed prior to the original effective date of this ordinance.
TRAFFIC CONTROL DEVICES. All signs, signals, markings and devices placed or erected by authority of a Governing Body or official having jurisdiction, for the purpose of regulating, warning ox guiding traffic.
UTILITIES. Installations for transmission of water, sewage, gas, electricity, telecommunications and storm water, and similar facilities providing service to and used by the public.
VARIANCE. A modification of the strict terms of the relevant regulations of this ordinance.
6 – 103.4
General Provisions
6 – 103.4-a Official Title. The regulations shall be known as "Subdivision Control Ordinance for the Vigo County Area."
6 – 103.4-b Administration. These Subdivision Regulations shall be administered by the Area Plan Commission for Vigo County.
6 – 103.4-c Interpretation. The provisions of these Subdivision Regulations shall be held to be the minimum requirements adopted for the promotion of public health, safety and general welfare of the respective jurisdictional areas. The regulations are not intended to repeal, abrogate, annul or in any manner interfere with any existing laws, convenants or rules provided. Should these regulations impose a greater restriction than is provided by existing laws, convenants or rules, the provision of the regulations shall prevail.
6 – 103.4-d Jurisdiction. These Subdivision Regulations shall be applicable to all subdivisions hereinafter made of land located within the governmental jurisdictions of Vigo County when adopted by ordinance by their respective legislative bodies. No plat or re-plat of a subdivision of land located within the jurisdiction o£ the Commission shall be recorded until it shall have received the approval by the Area Plan Commission.
6 – 103.4-e Modification of Administrative Provisions. The Area Plan Commission may at its discretion modify any and all provisions relating to administrative procedures, filing procedures, etc., in order to improve its services to the public.
6 – 103.4-f Fees. The subdivision ordinance must contain a uniform schedule of fees proportioned to the cost of checking and verifying the proposed plats (I.C. 18-7-4 Sec. 704). An applicant shall pay the specified fee at the time of filing his application for a certificate (I.C. 18-7-4 Sec. 705). Section 6-103-15 of this Ordinance contains the schedule of fees. Check or money order shall be made. payable to the Area Plan Commission o£ Vigo County.
6 – 103.4-g Effective Date. This ordinance becomes effective for each jurisdictional governmental area immediately upon its adoption by the legislative body of the jurisdictional area.
6 – 103.4-h Severability. The provisions of this ordinance are considered severable, and if any provision is found to be unconstitutional it is the intention of the adopting authorities that the remainder shall have full force and effect.
6 – 103.4-i Proposed Subdivision Plat, Hearing, Notice, Rejection, Hearing Before Plan Commission After Second Rejection. A person desiring the approval of a plat shall submit to the Executive Director a written application for a certificate and a copy of the proposed plat (I.C. 18-7-4 Sec. 703). On receipt of the application far a certificate, the Executive Director, if he determines that the standards in the subdivision ordinance have been met, shall:
6 – 103.4-i.1 Set a date for a hearing before the Area Plan Commission;
6 – 103.4-i.2 Notify the applicant in writing; and
6 – 103.4-i.3 Notify by general publication any person or unit or government, having a probable interest in the proposed plat.
If the Executive Director determines that the standards in the subdivision ordinance have not been met, he shall reject the application and provide the applicant with a written specification of the items of noncompliance. The person may not resubmit the application until at least thirty (30) days after the date he submitted the first application. If the person resubmits his application and it is again rejected by the Executive Director, the person may request a hearing before the commission (I.C. 18-7-4 Sec. 706).
6 – 103.4-j Grandfather Clause. This ordinance shall not apply to any unrecorded subdivision, or land included within such subdivision, as to which a plat has been prepared by a land surveyor, engineer, or other person duly licensed by the State of Indiana to prepare such plats of subdivisions, provided that there shall have been a bona fide sale or transfer of a lot, parcel, or tract thereof, prior to the effective date hereof, which sale or transfer shall have been made ox induced after reference to such plat, and proved further that the owner or owners of the remaining lots, parcels, tracts or land remaining unsold an the effective date hereof shall file wit the Area Plan Commission of Vigo County, and in the Office of the Recorder of Vigo County, Indiana, his, her, their, or its affidavit showing such facts, within 30 days after the effective date hereof, to which affidavit there shall be attached a copy of such plat.
6 – 103.4-k Appeals. Every decision of the Area Plan Commission shall be subject to review by certiorari.
6 – 103.4-l Annual Review. The Area Plan Commission shall review the problems encountered during implementation of the ordinance at least once every year. The review shall be open to the public and shall be held during a meeting advertised ten days in advance. Any recommendations determined by this review shall be submitted by the Area Plan Commission to the appropriate legislative bodies for their consideration.
6 – 103.5
Compliance
6 – 103.5-a Proceedings Before Approval. There shall be no sales or development prior to approval. No person, firm, or corporation proposing to make a subdivision within the jurisdiction of the Commission shall enter into any contract far the sale of, or shall offer to sell, any lots in said area, or shall proceed with any construction word an the proposed subdivision, including grading, until the person, firm, or corporation has obtained from the Commission written approval of a preliminary plat of the proposed subdivision according to the procedures herein outlined.
6 – 103.5-b Compliance Required. No subdivision of land shall be permitted unless in accordance with these Subdivision Regulations.
6 – 103.5-c Application of Regulations. In planning and developing a subdivision, the sub-divider or his agent shall comply with the general principles and requirements set forth in these regulations, and in every case shall pursue the procedures outlined in this ordinance with the following exceptions:
6 – 103.5-c.1 Subdivision on An Existing Improved Street of Sufficient Width. In a subdivision of four (4) or less lots wherein lots abut existing improved streets of sufficient width, the Commission may approve or reject the subdivision according to the standards set forth herein and may waive the requirements for topographic, street, utility and storm drainage. Approval of the preliminary and final plats may be concurrent in such instances.
6 – 103.5-c.2 Variances.
6 – 103.5-c.2-a Where the Area Plan Commission find that undue hardships or practical difficulties may result from strict compliance with these regulations and/or that the purposes of these regulations may be better served by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variances shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Area Plan Commission shall not approve variances unless, based upon the evidence presented to it in each specific case, it is found that:
- The granting of the variance will not be detrimental to the public safety, health, or welfare, or injurious to other property;
- The conditions upon which the request for a variance is based are peculiar to the property for which the variance is sought and are not applicable generally to other property;
- Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner will result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out. Financial hardship alone does not constitute grounds for a variance;
- The variance will not in any manner vary the provisions of the
Zoning Ordinance, Comprehensive Plan, or Thoroughfare or Major Street Plan which may be in effect at the time.
6 – 103.5-c.2-b In those instances when the requested variance will have an impact on the design, construction, and maintenance of public facilities, all appropriate public agencies shall be notified and shall be given ample time to comment in writing to the Area Plan Commission.
6 – 103.5-c.2-c The Area Plan Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.
6 – 103.5-c.2-d Before approval of a request for a variance is given a petition for any variance shall be submitted in writing, by the Sub-divider, at the time that the plat is filed with the Executive Director. The petition shall state fully the grounds for the application far a variance and all of the facts which were relied upon by the petitioner. Each request shall make reference to the specific chapter, section and paragraph of the Ordinance from which a variance is requested.
6 – 103.6
Remedies And Enforcement
6 – 103.6-a A person who violates the advisory planning law or the area planning law, as the case may be, commits a Class C infraction (I.C. 18-7-4 Sec. 1018).
6 – 103.6-b The plan commission, the board of zoning appeals, or any designated enforcement official may institute a suit for injunction in the circuit court to restrain an individual or a unit of government from violating the advisory planning law or the area planning law, as the case may be, or an ordinance enacted under the advisory planning law or the area planning law, as the case may be.
6 – 103.6-c The plan commission or board of zoning appeals may also institute a suit far a mandatory injunction, directing an individual or a unit of government to remove a structure erected in violation of the advisory planning law of the area planning law, as the case may be, or of an ordinance adopted under the advisory planning law or the area planning law, as the case may be.
6 – 103.6-d If the plan commission or the board of zoning appeals is successful in its suit, the respondent shall bear the cost of the action. A change of venue from the county may not be granted in such a suit (I.C. 18-7-4 sec. 1015).
6 – 103.6-e Status of Structures Erected in Violation.
6 – 103.6-e.1 Advisory Planning: Area Planning. In an action or proceeding by the municipality or county for the taking, appropriation, or condemnation of land; or in an action against the municipality or county, no compensation or damages may be awarded for the taking of or injury to any structure exerted in violation of the advisory planning law or the area planning law, as the case may be.
6 – 103.6-e.2 Area Planning. Furthermore, no compensation or damages may be awarded far the taking of or injury to any structure erected in violation of:
- An ordinance adopted under the area plan law; or
- Any prior ordinance superseded by an ordinance adopted under the area planning law (I.C. 18-7-4 Sec. 1017).
6 – 103.7
Pre-application Conference
6 – 103.7-a Purpose. Sub-dividers are encouraged to seek advice from the Area Planning Department on site location, development programs and technical assistance on land planning, prior to submission, of a preliminary application. The developer should avoid spending time and money in making detailed plans or expensive exhibits until the Department's advice has been obtained from the pre-application conference. No fee is involved for this service.
6 – 103.7-b Handouts to Prospective Sub-dividers. The sub-divider shall be provided a set of documents, maps and other material as the Commission deems necessary in order to expedite the processing of his applications. The documents shall be provided at regular department prices.
6 – 103.7-c Preliminary Sketch Plan. A Preliminary Sketch Plan should be prepared and submitted to the Department at the Pre-application Conference. It is not necessary for the sketch to be prepared by a certified land surveyor as it may be prepared by the land owner. The sketch must be reasonably accurate as to scale and the dimensions of the parts must add up to the dimensions of the whole. The sketch may be in pencil or ink on white paper. The subdivides must be prepared to leave at least one copy with the Department. The preferred stale is 1" = 50 feet (one inch equals 50 feet).
6 – 103.8
Certificate Of Compliance
6 – 103.8-a Purpose. The purposes of this section are as follows. Provide residential areas with healthy surroundings for family life. Insure that the growth of the community is commensurate with the efficient and economical use of public and private funds, and to promote these same goals. To establish reasonable standards and procedures to further the orderly layout and use of land. To insure that applicants who are dividing land acquire proper legal descriptions and monumenting of divided land, but to allow them to divide land without complying with all the requirements set forth in this ordinance for subdivisions.
6 – 103.8-b General procedures.
6 – 103.8-b.1 Any person desiring to divide a tract of land under the provisions of this section shall submit all necessary application to the Executive Director of the Area Planning Department.
6 – 103.8-b.2 No contract shall be made for the sale of any part of said proposed division and no improvements or building shall begin on the property until the applicant applies for and secures approval of such proposed division in accordance with the procedures set forth in this section or procedures set forth in this ordinance. No certificate of Compliance shall be filed with the County Recorder until the Certificate has been approved by the Executive Director.
6 – 103.8-b.3 No improvements, buildings, or driveway permits shall be issued until an approved Certificate of Compliance is filed with the County Recorder. (Applies only to applicants applying for approval under this section.)
6 – 103.8-b.4 Division of land that comply to conditions set forth in this section shall not be considered a subdivision as defined in this ordinance.
6 – 103.8-c Policy. A Certificate of Compliance shall only be issued by the Executive Director up to one (1) time for any one tract of land. At the tame an original tract of land has bean divided into two (2) previous parcels and issued a Certificate of Compliance, the said third (3rd) or additional divisions for residential purposes shall be defined as a subdivision and must comply to all requirements set forth in this ordinance. The two (2) previous parcels which were granted a Certificate of Compliance shall be shown by reference on future plats) submitted. The original existing tract shall be considered one (1) parcel for the purpose of computing the two (2) parcels for Certificate of Compliance.
A Certificate of compliance shall be accompanied by a drawing prepared by a duly licensed surveyor unless the legal description is the same as the one in the deed of conveyance to the current owner, or measurements are not needed to properly describe the parcel being surveyed.
An on-site review of said proposed division shall be completed by the staff of the Area Planning Department prior to approval being granted.
Further, a division of a tract or area of land by the owner or his agent shall meet the following minimum requirements:
6 – 103.8-c.1 Each parcel shall abut onto an existing improved street (public or private). Private streets must meet the standards for dedication or must have received prior approval from the Area Plan Commission on a recorded plat;
6 – 103.8-c.2 Each parcel shall meet minimum lot size requirements set forth in this ordinance or zoning ordinance (where applicable), whichever is greater;
6 – 103.8-c.3 Meet minimum setback requirements in this ordinance or zoning ordinance (where applicable), whichever is greater;
6 – 103.8-c.4 Application is to include flood elevation and first floor elevation data if parcels or portions thereof are located in a flood hazard area as determined by Soil Survey Map of Vigo County or the Flood Hazard Boundary Maps supplied by Federal Emergency Management Agency;
6 – 103.8-c.5 Division shall have a favorable Board of Health recommendation;
6 – 103.8-c.6 Application shall not be in conflict with the Comprehensive Plan where applicable;
6 – 103.8-c.7 Meet minimum right-of-way requirements in this ordinance or zoning ordinance (where applicable) whichever is greater.
If a tracts or a portion thereof, for which a Certificate of Compliance is sought, does not meet the minimum requirements as aforementioned, said application must be submitted to the Area Plan Commission for their approval. The applicant and/or Executive Director may at their discretion request that the application be acted upon by the Area Plan Commission at its regularly scheduled meeting.
6 – 103.8-d Application Procedure.
The applicant applying under
this section shall submit to the Executive Director an application on forms
available at the office of Area Planning Department for Vigo County and the
application shall:
6 – 103.8-d.1 Be accompanied by a fee of $25.00;
6 – 103.8-d.2 Include all land the applicant proposes to divide. This includes the original tract;
6 – 103.8-d.3 Include a separate legal description of each intended new parcel;
6 – 103.8-d.4 Shall state all dates parcels or lots which were previously divided out of the tract of land dating hack to the effective date of this amendment. Said parcels shall be indicated by deed and record number and date of division;
6 – 103.8-d.5 Be accompanied by a minimum of seven (7) copies of the surveyor's drawing or legal description as described in these regulations.
6 – 103.8-e Certificate of Compliance shall state the legal description, setback, right-of-way and acreage exclusive of right-of-way for each new parcel. It shall also state the purpose o£ and the authority for a Certificate of Compliance. The Certificate of Compliance must be signed by the owners) of record of the tract being divided and notarized. The Executive Director shall sign and place the Seal of Area Planning Department on said Certificate. Further, said Certificate of Compliance shall be recorded within 30 days of the date of signature and the applicant shall pay all recording fees. Said signed Certificate of Compliance, after recording, shall be released to the Area Planning Department which in turn will be released to the applicant.
6 – 103.8-f Compliance. Failure to comply to this section will subject said division to comply to all provisions of this ordinance and all penalties as stated in this ordinance.
6 – 103.9
Application Review And Hearing
6 – 103.9-a Preliminary Plat Review and Hearing.
6 – 103.9-a.1 All preliminary subdivision applications and plats shall be reviewed by the Area Planning Department.
6 – 103.9-a.2 Application. The sub-divider shall file an application with the Executive Director for approval of the preliminary plat. The application shall:
6 – 103.9-a.2-a Be made in duplicate and presented at last three (3) weeks prior to a regular meeting of the Commission;
6 – 103.9-a.2-b Be made on farms available at the office of the Executive Director;
6 – 103.9-a.2-c Be accompanied by a fee of Fifty Dollars ($50.00) Plus One Dollar ($1.00) per lot and a Ten Dollar ($10.00) legal advertisement fee;
6 – 103.9-a.2-d Include all land which the applicant proposes to subdivide and all land immediately adjacent to or that directly opposite from the street frontage, with the names and known addresses of the owners as shown in the Assessor's files. This information may be shown on a separate current tax map or plat reproduction from the Assessor's office showing the subdivision superimposed thereon;
6 – 103.9-a.2-e Be accompanied by the original, or a reproducible copy, and a minimum of seven copies of the preliminary plat as described in these regulations;
6 – 103.9-a.2-f Be accompanied by the original, or reproducible copy of the proposed subdivision plat, topographic map and/or any other supporting documents together with a minimum of seven (7) copies of each exhibit.
6 – 103.9-a.3 Preliminary subdivision applications and plats which do not conform to the established subdivision standards, but which specifically request variances from the published standards, shall be submitted to the Area Plan Commission for public hearing and consideration. Said variances to comply with Section 6-103-5-b-2 of this Ordinance.
6 – 103.9-a.4 All preliminary subdivision applications and plats which conform to or exceed the minimum subdivision standards shall be submitted to the Area Plan Commission far public hearing and consideration. The applicant or his designated representative should be present at the public hearing.
6 – 103.9-a.5 Notice of Public Hearing. Upon receipt of a formal application and all accompanying material, the Executive Director shall:
6 – 103.9-a.5-a Schedule a public hearing for the next scheduled meeting of the Area Plan Commission providing the submittal of the application is in compliance with Sub-section A-2 of this section.
6 – 103.9-a.5-b Submit a notice for publication in at least one (1) newspaper of general circulation in the county. Said notice shall be published at least ten days prior to the public hearing.
6 – 103.9-a.6 Preliminary Plat Approval. After the Area Plan Commission has reviewed the preliminary plat, construction plans, reports received from the Subdivision Committee and other agencies, and has heard any testimony submitted at the public hearing, the applicant shall be advised of any required additions. The Area Plan Commission shall approve, conditionally approve, or disapprove the preliminary plat. The Executive Director shall return one (1) copy of the proposed preliminary plat and construction plans to the developer with the date of approval, conditional approval, or disapproval with the reasons therefore, in writing, accompanying the plat.
6 – 103.9-a.7 The Area Plan Commission shall take and maintain minutes of all hearings. Said minutes shall include, but not be limited to, all pertinent comments from commission members, other agencies and from the public. All dissentions, objections and protests shall be recorded in detail. The Commission shall maintain, as a public record, complete minutes of all hearings.
6 – 103.9-a.8 Public Improvements and Performance fond.
6 – 103.9-a.8-a Completion of Improvements. Subsequent to preliminary plat approval but before the final plat is signed by the President and Secretary of the Commission, all applicants shall be required to complete all the streets, curbs, sidewalks, sanitary and storm sewers, waterlines, street signs, arid other public improvements on the individual lots of the subdivision as required in this ordinance, specified in the final subdivision plat, and as approved by the Area Plan Commission.
6 – 103.9-a.8-b The Area Plan Commission, in its discretion, may waive the requirement that the applicant complete all public improvements prior to the approval of the final subdivision plat, and that, in lieu thereof, the applicant shall post band securable by Vigo County, hereinafter referred to as performance bond, in an amount equivalent to 1101 of the estimated cost of completion of the required public improvements, which shall be sufficient to secure to the participating jurisdiction the satisfactory construction and installation of the uncompleted portion of required public improvements.
6 – 103.9-a.8-c That in lieu of such a band, the developer may submit a certified check made payable to Vigo County in an amount equivalent to 110 of the estimated cost of completion of the uncompleted portion of required public improvements. Any such check shall be held by the County Auditor.
6 – 103.9-a.8-d That in lieu of such a bond the subdivides may submit a certificate of deposit made out to Vigo County and the developer, to be held by the County Auditor and in an amount equivalent to 110% of the cost of completion of the uncompleted portion of required public improvements.
6 – 103.9-a.8-e Such performance bond shall comply with all statutory requirements and shall be satisfactory to the Area Plan Commission Attorney as to form, sufficiency, and manner of execution as set forth in this ordinance. The period within which required public improvements must be completed shall be specified by the Area Plan Commission in the resolution approving the preliminary subdivision plat and shall be incorporated into the bond and shall not in any event exceed two (2) years from date of final approval. Such bond shall be approved by the participating jurisdiction as to amount. The Area Plan Commission may, upon proof of difficulty, grant an extension of the maximum period of one (1) additional year, provided that the bond submitted for this extension period meets all other requirements herein. The Area Plan Commission may at any time during the period of such bond accept a substitution of principal or sureties on the bond.
6 – 103.9-a.9 Endorsements by Other Public Authorities. The final subdivision plat shall be properly endorsed by appropriate authorities to assure the Area Plan Commission that the plat is in compliance with all rules, regulations, and requirements of local and state authorities, as set forth in preliminary approval.
6 – 103.9-a.10 Approval Procedure: Upon receipt of formal application and all supporting documents, the Executive Director shall:
6 – 103.9-a.10-a Assign a docket number and place the application for final approval on the agenda of the next scheduled meeting of the Area Plan Commission providing the submittal of the application is in compliance with B-2 above;
6 – 103.9-a.10-b Maintain file copies of the plat and construction plans for public review prior to said meeting.
6 – 103.9-a.11 Consideration and Determination. At said meeting the Area Plan Commission will give an opportunity to any interested persons to examine or comment upon the plat and construction plans. All comments or objections to the proposed subdivision, from private or public agencies, shall be publicly presented to the Area Plan Commission, at the public hearing by the dissenting person or agency or by an authorized representative of that person or agency.
6 – 103.9-a.12 If the final application and plat are rejected by the Area Plan Commission, the applicant may re-file a final application and plat with the Area Planning Department after a period of not less than thirty (30) days following its rejection. Such a re-filing shall be processed as anew request.
No final approval shall be endorsed on the plat until a review has indicated that all requirements of the Area Plan Commission approval have been met.
6 – 103.9-a.13 Vested rights. No vested rights shall accrue to any plat by reason of preliminary or final approval until the actual signing of the plat by the President of the Area Plan Commission, and attest action by the Secretary.
6 – 103.9-a.13-a All requirements, conditions, or regulations adopted by the Area Plan Commission applicable to the subdivision, or on all subdivisions generally, shall be deemed a condition for any subdivision prior to the time of the signing of the final plat by the President and attested to by the Secretary,
6 – 103.9-a.13-b Where the Area Plan Commission bas required the installation of improvements prior to signing of the final plat, the Area Plan Commission shall not unreasonably modify the conditions set forth in the final approval.
6 – 103.9-a.14 Signing the Plat. When a bond is required, the President and the Secretary shall endorse approval on the plat only after the bond has been approved by resolution by the governing body, and all the conditions of the approval pertaining to the plat have been satisfied.
When installation of improvements is required, the President anal Secretary shall endorse approval on the plat after all conditions of the resolution have been satisfied and all improvements satisfactorily completed. There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the local government as shown by a certificate signed by the local Governmental Engineer.
6 – 103.9-a.15 Recording of Plat. The President and Secretary will sign the original mylar, drafting paper of the subdivision plat which is to be recorded with the county Recorder. Said signed plat, after recording, shall be returned to the Area Planning Department which in turn will be released to the Surveyor who prepared the plat.
It shall be the responsibility of the sub-divider or applicant to file the plat with the County Recorder within Ninety (90) days of the date of signature. Simultaneously with the filing of the plat, the sub-divider shall record in miscellaneous records, any recommendations so deemed necessary by the Area Plan Commission. Otherwise, the plat shall be considered void. The sub-divider shall pay recording fees.
6 – 103.9-a.16 Sectionalizing of Plats. Subsequent to granting preliminary plat approval of a subdivision, the Area Plan Commission may permit the plat to be divided into two or more sections and may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the plat. The Area Plan Commission may require that the performance bond or other instrument be in such amount as is commensurate with the section or sections of the plat to be filed and may defer the remaining required performance bond principal amount until the remaining sections of the plat are offered for final plat approval. The same policy shall apply to installation of improvements.
The developer may also file irrevocable offers to dedicate streets and public improvements in the sections offered to be filed but may defer filing offers of dedications for the remaining sections until such sections, subject to any conditions imposed by the Area Plan Commission, shall be granted final plat approval.
In the event of approval of sectionalizing, such sections as have been approved by the Area Plan Commission shall be filed with the County Recorder within ninety (90) days of the date of final plat signature.
6 – 103.10
Lot Specifications
6 – 103.10-a General Requirements.
6 – 103.10-a.1 Plats. In addition to the requirements established herein, all subdivision plats shall comply with the following rules, laws, and regulations:
6 – 103.10-a.1-a All applicable statutory previsions;
6 – 103.10-a.1-b Any local zoning ordinances, building and hauling codes, and all other applicable laws of the appropriate jurisdictions in effect;
6 – 103.10-a.1-c The official Comprehensive Plan, Thoroughfare Plan, and Capital Improvements Program of the local government, including all public facilities, open space and recreation plans, as adopted;
6 – 103.10-a.1-d The rules, regulations and standards of the State Board of Health, the Natural Resources Commission, and other appropriate state agencies;
6 – 103.10-a.1-e The rules, regulations and standards of the Indiana State Highway Commission if the subdivision or any lot contained therein abuts a state highway.
6 – 103.10-a.1-f All applicable planning and regulatory guidelines, including access control or driveway manuals, parking and traffic control ordinances, and other applicable guides legally adopted and published by the local governmental units;
6 – 103.10-a.1-g The "Indiana Manual an Uniform Traffic Control Devices" for installation of traffic control devices.
6 – 103.10-b Lots.
6 – 103.10-b.1 Special consideration shall be given to lot sizes and shapes where private individual sanitary systems (Septic Tanks) are to be used. Particularly acute is the problem of lotting where both private septic systems and water systems are to be developed on the same lot. Because of severe soils, lets larger than prescribed herein may be a necessity.
6 – 103.10-b.2 In all instances the capability to adequately accommodate the dwelling unit, water system, and sanitary system shall take precedence over minimum lot sizes and minimum lot frontage.
6 – 103.10-b.3 Corner residential lots shall be wider than normal in order to permit appropriate setbacks from both streets. In general, the lot shape should be square or trapezoidal.
6 – 103.10-c One and Two-Family lot size Minimums.
6 – 103.10-c.1 Size. Lot width, depth, and area shall be controlled by the provisions of the Zoning Ordinance ox the following minimums.
6 – 103.10-c.2 Subdivisions with Conventional Construction.
TABLE A
LOT SIDE REQUIREMENTS
Type of Development Both Sewer & Public Water Neither Sewer Nor Public
Available and To Be Used Water Available
Single-family 50’ A.L.W.* 100’ A.L.W.*
5,500 sq. ft. 20,000 sq. ft.
Two-family 60’ A.L.W.* 110’ A.L.W.*
6,600 sq. ft. 22,000 sq. ft.
Type of Development Sewer Only Public Water Only
Single-family 60’ A.L.W.* 90’ A.L.W.*
10,000 sq. ft. 20,000 sq. ft.
Two-family 70’ A.L.W.* 100 A.L.W.*
10,000 sq. ft. 20,000 sq. ft.
A.L.W. = Average Lot Width
6 – 103.10-c.3 Mobile Home Subdivision (sale of lots) shall be the same as single-family. "Double wide" units shall be regarded as prefabricated conventional construction for the purpose of this ordinance.
6 – 103.10-c.4 The average lot width should, for most purposes, be the minimum frontage also. However, at no time shall the minimum frontage be less than required for a driveway with adequate radii for ingress and egress.
6 – 103.10-c.5 All lots shall abut on a public or a private (non-dedicated) street.
6 – 103.10-c.6 Where lots abut a private (non-dedicated) street or roadway, the lot measurements shall be made from the right--of-way line or the outer edge of easement, whichever is greater.
6 – 103.10-d Flood Hazard Areas.
6 – 103.10-d.1 For any proposed subdivision that is located within a flood plain, as determined by Flood Hazard maps supplied by Federal Emergency Management Agency, the developer or subdivides shall provide the Area Plan Commission and the Indiana Department of Natural Resources with all the documents required by these regulations, and in addition, shall provide the Area Plan Commission and Department with such supporting documentation and justifications as may be required, to comply with state and federal regulations.
6 – 103.10-d.2 No subdivision or any part thereof shall be approved if levees, fills, structures or other features within the proposed subdivision will individually or collectively, significantly increase flood flows, heights, or damages. If only part of a proposed subdivision can be safely developed, the Area Plan Commission shall limit development to that part.
6 – 103.10-d.3 The subdivides or developer shall demonstrate conclusively to the Area Plan Commission that the proposed development will not present a hazard to life, limb or property; will not have adverse effects on the safety, use or stability of -public ways or drainage channels; and that all approvals, permits and reviews have been received from the Indiana Department of Natural Resources when required.
6 – 103.10-e
Lot Arrangements
6 – 103.10-e.1 The lot arrangements shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the zoning ordinance and other regulations and in providing safe driveway access to buildings on such lots from an approved street.
6 – 103.10-e.2 Lot dimensions shall comply with the minimum standards of the zoning ordinance, where applicable.
6 – 103.10-e.3 Double frontage and reverse frontage lots shall be discouraged except where necessary to provide separation of residential development from arterial streets or to overcome specific disadvantages of topography and orientation.
6 – 103.10-e.4 Lots shall not generally derive access exclusively from an arterial or a major collector street. Where driveway access from an arterial or major collector street may be necessary for several adjoining lots, the Area Plan Commission may require that such lots be served by a common and combined driveway in order to limit possible traffic hazards on such street.
6 – 103.10-e.5 Lots shall be laid out so as to provide positive drainage away from all buildings and individual lot drainage shall be coordinated with the general storm drainage pattern fox the area.
6 – 103.10-e.6 Topsoil disturbed during subdivision grading operations shall not be removed from residential lots or used as spoil, but shall be redistributed so as to provide at least four (4) inches of depth in the area between the sidewalks and curbs, and shall be stabilized by seeding or planting.
6 – 103.10-f Number and Acreage of Lots by Purpose. The subdivides shall tabulate the total number of lots by Purpose (such as single-family, two-family, multifamily, commercial, etc.) and specify the net acreage assigned to each purpose.
6 – 103.10-g Lot Lines. Side lines of lots shall be at approximately right angles to straight streets and an radial lines on curved streets. Some variation from this rule is permissible, but pointed or very irregular lots should be avoided. The interior angles of the lots should be as orthogonic as practicable.
6 – 103.10-h Building Line Setbacks.
6 – 103.10-h.1 Building line setbacks shall be as follows: Interior Lot Lines, 5 feet; Street Side Lot Lines, 25 feet; and Rear Lot Lines, 11 feet. The street side building line setback shall be measured from the outer line of the required five (5) feet wide easement where the right-of-way is fatty (40) feet in width. No building, foundation, or other structural component shall infringe on these setback limits except roof overhangs and gable ends with the permitted encroachment limited to two (2) feet. In addition, unenclosed stoops or entrances may encroach on the street side setback in an amount not to exceed ten (l0) feet.
6 – 103.10-h.2 These limitations do not apply to Planned Unit Development (P.U.D.) where P.U.D. and conventional development occur in the same subdivision.
6 – 103.10-i Easements. Suitable easements shall be provided far the installation and maintenance of utilities. Such easements may be located as may be required to properly serve the utilities, but shall, whenever possible, be along sear and/or side lot lines. Utility easements shall not be less than ten (10) feet in total width, equally divided between adjacent lots, where such exist, and shall provide reasonable continuity from block to black.
6 – 103.10-j Density. When density requirements are set forth in the zoning ordinance, the subdivides shall calculate the following:
6 – 103.10-j.1 The ratio of street right-of-way area to the gross (Tract) area;
6 – 103.10-j.2 The ratio of Dwelling Units to the gloss (Tract) area (Gloss Density - D.U./acre);
6 – 103.10-j.3 The ratio of Dwelling Units to the net (Tract area minus right-of-way) area (Net Density = D.U./acre minus right-of-way).
6 – 103.10-j.4 Two lot subdivisions are exempt from calculating the above densities.
6 – 103.10-k Block Arrangements.
6 – 103.10-k.1 Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depth. Exceptions to this prescribed block width shall be permitted in blocks adjacent to major transportation facilities, water courses, and industrial, commercial areas, and railroad right-of-ways.
6 – 103.10-k.2 Whenever practical, blocks along arterials and major collector streets shall not be less than one thousand (1,000) feet in length. As a general rule, blocks in other residential areas shall not be more than one thousand three hundred twenty (1,30) nor less than four hundred forty (440) feet in length.
6 – 103.10-k.3 In long blocks the Area Plan Commission may require an easement through the block to accommodate utilities, drainage facilities, or pedestrian walkways.
6 – 103.10-k.4 Where blocks are developed along arterial streets and/or highways that shall contain alleys, those alleys shall run parallel to said arterial and not perpendicular or radial to it so as to create an intersection between the arterial and alley.
6 – 103.10-l Staking Requirements.
6 – 103.10-l.1 All subdivision boundary corners shall be marked with a monument. Monuments shall be firmly set, substantial and not subject to settlement, frost heave, or other movement. The monument shall be permanent and of such a nature, configuration and/or marking as to permit absolute, unquestionable identification.
6 – 103.10-l.2 Monuments shall be detectable with a ferrous metal finder. All monuments shall have a dowel or other permanent point marker and the surface shall have a chiseled, inscised or embedded identification. All monuments shall be solid, without openings or voids.
6 – 103.10-l.3 Monuments of stone or concrete shall be not less than four (4) inches in the least dimension and shall be nearly square or round. Encased monuments, i.e., concrete in metal pipe or metal casing shall be not less than three (3) inches in diameter. Solid metal, cast iron or other fabricated monuments shall be not less than one and one-half (1 1/2) inches in any least dimension and shall expose a surface not smaller than three (3) inch diameter or equivalent area at the surface. Monuments shall extend to a depth of not less than thirty (30) inches below final ground surface level.
6 – 103.10-l.4 Intermediate corners, lot corners, reference and/or radius points shall be solid iron rods not less than five-eighths (5/8) inch in diameter, iron pipe not less than three-quarter (3/4) inch in diameter or other accepted long-lived identifiable object which is firmly set, free from movement and which can be located with a ferrous metal detector. Markers shall extend not less than thirty (30) inches into solid ground.
6 – 103.10-l.5 All monuments and markers of a subdivision shall be of a similar type and material.
6 – 103.10-l.6 The location of all markers shall be determined and set by the land surveyor as his field work progresses and shall be shown an the final plat of the subdivision before recording. Monuments shall be described for accurate identification.
6 – 103.10-l.7 The quality of draftsmanship for all subdivision plats should bear a reasonably professional appearance and reveal clear and correct information necessary for use in re-establishing boundary lines, corners and other pertinent information to the original locations. All subdivision plats shall be drawn to a scale which when reduced to half size shall discern clearly this information contained thereon.
6 – 103.11
Street Specifications
6 – 103.11-a General Provisions.
6 – 103.11-a.1 All local streets within the subdivision shall have a minimum right-of-way width of fifty (50) feet or a right-of-way of forty (40) feet with the addition of a five (5) feet wide easement, adjacent to and parallel to each side of the said right-of-way, granting unto the county, city, or town, where said right-of-way is located, the right and privilege to use said five (5) feet wide area for county, city, town, right-of-way, or utility purposes.
6 – 103.11-a.2 All streets within the subdivision shall have two (2) lanes of traveled roadway with a minimum width of eleven (11) feet per lane. One-way streets may be permissible and shall have a minimum right-of-way width of fifty (50) feet or a right-of-way width of forty (40) feet with the addition of a five (5) feet wide easement, adjacent to and parallel to each side of the said right-of-way, granting unto the county, city or town, where said right-of-way is located, the right and privilege to use said five (5) feet wide area for county, city, town right-of-way, or utility purposes.
6 – 103.11-a.3 Maintenance of right-of-way. The owner of each lot abutting on
subdivision street shall maintain the surface area from the edge of his property to the edge of the roadway. (Edge of the roadway in this instance shall mean the lotside face of curb and gutter or the lot side edge of shoulder.)
6 – 103.11-a.4 All street grades shall be held to a minimum. 0.5 to 6 percent grade in flat areas and 7 to 12 percent in rolling areas. The maximum grade allowed shall be 15 percent.
6 – 103.11-a.5 All curvilinear streets shall have a minimum centerline radius of two hundred (200) feet.
6 – 103.11-a.6 Wherever there exists a dedicated or platted portion of a street or alley adjacent to the proposed subdivision, the remainder of the street or alley to the prescribed width shall be platted within the proposed subdivision.
6 – 103.11-a.7 Whenever the proposed subdivision contains or is adjacent to a railroad right-of-way or a highway designated as a "Limited Access Highway" by the appropriate highway authorities, provisions shall be made for a Marginal Access Road, or a parallel street at a distance acceptable far the appropriate use of the land between the highway or railroad and such streets.
6 – 103.11-a.8 The street layout shall provide access to all lots and parcels o£ land within the subdivision. Where intersections are offset, the minimum offset of the centerlines shall be one hundred fifty (150) feet.
6 – 103.11-a.9 Alleys shall be discouraged in residential districts, but should be included in commercial and industrial areas where needed for loading and unloading or access purposes, and where platted, shall be at least twenty-two (22) feet in width.
6 – 103.11-a.10 Intersections of more than two (2) streets at one point shall be avoided.
6 – 103.11-a.11 Cul-de-sac stains shall have a maximum length of eight hundred and eighty (880) feet. Cul-de-sacs shall hire a minimum outside curb radius of fifty (50) feet, with a minimum driving lane area of eighteen (l0) feet, and a minimum right-of-way radius of sixty-five (65) feet.
6 – 103.11-a.12 A sight prism shall be provided at all intersections. This prism is an imaginary envelope in which no obstruction may be eructed which will interfere with the vision of approaching drivers. The sight prism shall exist at all quadrants of each intersection in a subdivision. The prism is measured along the centerline of the approach roadways. The length of each leg of the sight prism shall be one hundred ten (110) feat measured from the intersection of the two (2) centerlines. The prism begins at one and one-half (l z) feet above the centerline and extends to a height of fifteen (15) feet.
6 – 103.11-a.13 Minimum curb radius at street intersections shall be eighteen (18) feet. Minimum curb radius at private driveways shall be ten (10) feet.
6 – 103.11-a.14 Signs. The sub divider shall provide, at each street intersection, substantial, legible, permanent street signs. No street names shall be used which duplicate or may be confused with the names of existing streets. The signing of the entrance to the subdivision shall conform, in all respects to existing county road sign specifications. The cost will be bone by the sub-divider.
6 – 103.11-a.15 Pylons. At the entrance of all subdivisions, the developer or owner shall cause to be erected a pylon or sign that will display the official subdivision name.
6 – 103.11-a.16 Sidewalks. Subdivisions which are characterized as being urban, which are contiguous with or extensions to existing subdivisions which have sidewalks and curbs, shall be provided with street curbs and pedestrian walks, and shall be dedicated along with the road.
6 – 103.11-a.17 Curbs. Street curbs and walks may also be required in those areas where the absence of such improvements would create a hazard to the area environment and to the health, safety, and welfare of its residents. If said curbs are required, they shall be dedicated along with the road.
6 – 103.11-b Thoroughfare Plan.
6 – 103.11-b.1 Wherever the location of a street is indicated in the Official Thoroughfare Plan as following an existing road or street, or a section or half-section or other established property line, the location of the street shall conform to such locations; however, a street lying wholly within a subdivision and not designated as following an existing road or establishing property line, may be varied in its alignment when such variance promotes the plan of a neighborhood development unit in accordance with good site planning principles, and if such alignment provides for the continuity of traffic movement.
6 – 103.11-b.2 In the absence of any street being designated in each section of land, within the jurisdiction, on or approximately on the north south and east-west section lines of such sections, it is the intent of the Official Thoroughfare Plan and this Ordinance that Feeder Streets be established on such section lines where feasible.
6 – 103.11-b.3 Wherever the location of a street is indicated in the Official Thoroughfare Plan as following an irregular alignment or a revised alignment or is not referenced to an established line, it shall follow the alignment shown in the Official Thoroughfare Plan. Such alignment shall be subject to a detailed survey which may be provided by the Commission or other public agencies, or by the owners of land to be subdivided if required by the Commission. The survey fox such street shall be subject to the approval of the Commission prior to the dedication of the street.
6 – 103.11-c Opening or Widening of Thoroughfare Streets. Whenever a street classified in the Official Thoroughfare Plan is to be platted as a part of a subdivision, the required right-of-way width for such street shall be as specified in the Official Thoroughfare Plan, provided that where a street borders a tract of land to be subdivided, the owner of such land shall be required to plat only one-half of the right- designated for such street, measured at ninety (90) degrees to the centerline thereof, In most instances, the subdivides will not be expected to develop all the elements of the road system contained in the designated standard profile (such as the construction of a four-lane divided facility) he will, however, be required in all cases to provide the necessary right-of-way.
6 – 103.11-d Street Classification and Right-of-Way Width. (See 6-
103-11-A 1 & 2,)
Local 50 or 40 feet
Minor Collector 60 feet
Principal Collector 80 feet
Minas Arterial 100 feet
Principal Arterial 120 feet
The classification of streets within the subdivision shall he determined by the Area Planning Department.
6 – 103.11-e Private Streets (Non-dedicated Roadways). The Area Plan Commission, at its discretion, may waive the requirement that the applicant complete and dedicate roads or waive the requirement for bonding of roads prior to signing of the plat where any of the following conditions are present:
6 – 103.11-e.1 The applicant proposes a private development whereby the owners) will retain title to all lots abutting said private street(s) The applicant shall provide the Area Plan Commission with a covenant that will cover how the roads are to be maintained in the event that lots are sold out at some point in the future. (The applicant shall provide the Area Plan Commission with sufficient evidence to show that said development will be retained under one ownership.)
6 – 103.11-e.2 In subdivisions consisting of 12 lots or less and which comply to Subsection E-4 of the section.
6 – 103.11-e.3 In subdivisions whereby the applicant is sectionalizing and whereby the Area Plan Commission has previously granted a private non-street as specified in E-2 above. The Area Plan Commission may also grant an additional twelve (12) lots provided the following conditions are met:
6 – 103.11-e.3-a The local unit of government has accepted the previously granted private streets) into the public highway system; or
6 – 103.11-e.3-b The local governmental engineer has submitted a certificate stating that all required improvements have been satisfactorily completed in accordance with the street specifications in this ordinance. If the local unit of government has not officially accepted said private street into the public highway system, the applicant or developer, or as per Paragraph E-4 of this section, shall maintain said private roads until such time as the local unit of government has accepted the street into the public highway system.
6 – 103.11-e.4 It shall be stated in a covenant how said private roads are to be maintained. When the maintenance of a private road will be the responsibility of each abutting lot owner, it shall be stated in a covenant that the street is a private street and that maintenance shall be shared equally on a pro-rated basis by all abutting property owners until such time as the private street is brought up to specifications as set forth in the Subdivision Control Ordinance and accepted into the highway system by the local unit of government.
6 – 103.11-f
Street Specifications
6 – 103.11-f.1 General.
6 – 103.11-f.1-a The developer of a subdivision shall be responsible for the design, development, construction and maintenance of all streets within an approved subdivision. This responsibility shall include, but not be specifically limited to, traffic, pavement, walks, curbs and drainage.
6 – 103.11-f.1-b The developer's responsibility for maintenance of streets shall be continuous until:
- The street is offered to and-accepted by the local governmental agency; or
- The street is offered to and accepted by a private agency (such as a homeowners association) having adequate resources and/or authority to levy funds for the maintenance of said streets, or complies to Paragraph E-4 of this section.
6 – 103.11-f.1-c All new streets, public or private (non-dedicated), within a subdivision shall be designed to meet the geometric standards set forth elsewhere within this ordinance and the construction of streets shall equal or exceed the minimum requirements set forth herein.
6 – 103.11-f.2 Drawings and Specifications.
6 – 103.11-f.2-a The developer shall prepare and submit for approval drawings of the proposed street or streets within the subdivision as specified in this ordinance.
Street drawings shall present the following information as a minimum:
- Proposed street profile and existing ground profile;
- Typical cross-section;
- Proposed drainage and drainage relief;
- Soil conditions at the site.
6 – 103.11-f.2-b The developer shall certify that the streets within the subdivision will be built in compliance with the requirements set forth in this ordinance, or he shall request specific construction.
6 – 103.11-f.3 Inspections.
6 – 103.11-f.3-a The Area Plan Commission shall provide for periodic inspection of required improvements during construction to ensure their satisfactory completion.
6 – 103.11-f.3-b If the local governmental engineer finds upon inspection that any of the required improvements have not been constructed in accordance with the construction standards arid specifications, the applicant shall be responsible for correcting any errors in construction and completing the improvements in accordance with such standards and specifications. Wherever the cost of improvements is covered by a performance bond, the applicant and the bonding company shall be severally and jointly liable far completing the improvement according to specifications.
6 – 103.11-f.4 Testing.
6 – 103.11-f.4-a The Area Plan Commission may require physical testing of material placed in streets, walks, curbs and other appurtenances during construction. Such testing, if required, shall be done by an agency acceptable to the Area Plan Commission. The costs for testing and the submission of test reports shall be borne by the developer.
6 – 103.11-f.4-b Certification may be used as evidence of quality where appropriate.
6 – 103.11-f.5 Street Construction w General.
6 – 103.11-f.5-a The standards set forth herein for the construction of streets within subdivisions are minimum standards.
6 – 103.11-f.5-b The minimum construction standards set forth herein shall apply equally to public streets and private (non-dedicated) streets, except that surfacing of private (non-dedicated) streets may be done on a phased schedule., subject to the requirements of Paragraph F of this section.
6 – 103.11-f.5-c Construction methods and materials for streets and appurtenances, unless specifically excepted or revised by this ordinance, shall comply with all appropriate provisions of the current edition of the Indiana State Highway Standard Specifications, hereinafter referred to as the Standard Specifications.
6 – 103.11-f.5-d The Area Plan Commission shall secure and maintain copies of the Standard Specifications, as issued, to be held available to the public for study and reference.
6 – 103.11-f.6 Street Construction - Increased Construction Standards.
6 – 103.11-f.6-a The Commission may direct additional study and design for the construction of streets within a subdivision where the recommendations of the Soil Conservation Service can not eliminate the unstable ground and drainage conditions that are known to exist.
6 – 103.11-f.6-b The developer, if so required by the Area Plan Commission, shall submit data, plans and specifications for the construction of streets and drainage prepared and sealed by a licensed professional engineer in the State of Indiana. Upon approval by the Area Plan Commission, the specific design and specifications, so submitted, shall become the minimum standards for the subdivision.
6 – 103.11-f.7 Street Construction - Minimum Construction Standards.
6 – 103.11-f.7-a All vegetation, organic material, trash, rubble and topsoil shall be removed from the area to be paved.
Pavement construction shall not be placed upon soft or yielding sub-grades.
The City or County Engineer may require inspection of the sub-grade prior to further work.
The City or County Engineer may require testing and compaction of the sub-grade in accordance with the procedures set forth in the Standard Specifications, except that 100% of maximum dry density per AASHO T99 shall be changed to 95%.
6 – 103.11-f.7-b Base Course.
Shall be dense-graded, compacted aggregate similar and equal to Standard Specifications size 53, Type 0, or size No. 2 crushed limestone.
Compacted thickness of any base course application shall be not less than two (2) inches nor more than four (4) inches.
Base course shall be not less, than six (6) inches in total compacted thickness per standard specifications except that 100% is changed to 95%.
Base course for use under rigid pavements may be reduced to less than minimum standard thickness provided that evidence of suitability of the sub-grade is established and a variance approved by the Area Play Commission. Said variance shall be obtained by the appropriate governmental agency and be accepted by them. Said variance shall be the responsibility of the developer.
6 – 103.11-f.7-c Flexible Pavement.
Shall be hot asphalt emulsion or hot asphalt concrete not less than two (2) inches in total compacted thickness, placed upon a prepared base course.
Materials, mix and application shall be in compliance with the appropriate requirements of the Standard Specifications.
Finish and finish tolerances shall be in compliance with the Standard Specifications.
6 – 103.11-f.7-d Rigid (Plain Concrete) Pavement.
Shall be not less than six (h) inches in thickness placed upon a prepared base course.
Concrete shall contain not less than 5.5 bags of cement per cubic yard, shall have a compressive strength at 28 days of not less than 3500 pounds per square inch and shall not have less than 4% nor mote than 6% air entrained.
The preparation, placement, finish and curing of the concrete shall be in compliance with the appropriate provisions of the Standard Specifications.
Longitudinal joints shall be constructed in all pavement more than one lane in width.
Transverse contraction joints shall be placed at intervals not to exceed twenty (20) feet. Transverse joints may be sawed or formed.
6 – 103.11-f.7-e Walks, Portland Cement Concrete.
All walks shall be of portland cement concrete as specified for rigid pavement.
Walks shall be not less than four (4) inches thick, four (4) feet in width, and placed upon a prepared sub-grade or base.
Preparation, placement, finish and curing of walks shall be in compliance with the appropriate provisions of the Standard Specifications.
Transverse joints shall be sawed, tooled or formed in all walks at intervals of not more than five (5) feet
All walks shall have a finish surface which will not become slippery.
6 – 103.11-f.7-f Curbs, Portland Cement Concrete.
Portland cement concrete strength far curbs shall be as specified for rigid pavement.
Concrete curbs shall be substantially similar and equal to those curbs approved or accepted for highway use.
All curbs shall rest upon a firm, substantial base and shall be back filled with no void behind curb.
Curbs shall not interrupt normal surface drainage.
Curbs shall have a joint or separation at intervals of not more than twenty (20) feet. All curbs shall be separated from walks, steps, cross-curbs and drainage structure by an acceptable method. Bituminous curbs may be used only for drainage control. Bituminous curbs shall conform, by material and construction, with the appropriate sections of the Standard Specifications.
6 – 103.12
Water, Sewer, And Municipal Services
6 – 103.12-a General Provisions. Adequate utilities shall be provided to all subdivisions. It is the intent of this ordinance to provide for uniform placement of utilities within rights-of-way and utility easements.
6 – 103.12-b Water. Water shall be provided as follows:
6 – 103.12-b.1 The subdivides shall provide the subdivision with a complete water main supply system, which shall be connected to an existing approved municipal or community water supply, where such system is available within 1,000’ radius of the tract boundaries. Where a public water main is accessible the subdivides shall install adequate water facilities including fire hydrants, subject to the specifications of State and Local authorities.
6 – 103.12-b.2 An individual water supply may be installed on each lot in the subdivision in accordance with the minimum requirements of the Indiana State Board of Health (refer to Bulletin No. S.E. 7, Safe Water Supplies, current issue) if B-1 above does not apply. The responsibility of individual water supplies will be that of the developer for each lot.
6 – 103.12-b.3 The plans for the installation of a water main supply system shall be provided by the subdivides and approved by the Indiana State Board of Health (refer to Regulations HSE 5, I.S.B.H.). Upon completion of the water supply installation the plans for such system as built shall be filed with the Area Plan Commission.
6 – 103.12-b.4 The sub-divider should cause to be installed adequate fire hydrants where a utility water system is available. The location of the hydrants and the size of the mains shall be indicated, shall conform to accepted standards, and shall be reported to the appropriate Township Trustee. Unless otherwise specified by local fire regulations, fire hydrants shall be located no more than 1000 feet apart and within 500 feet of any anticipated structure and shall be approved by the local fire protection unit before final plat approval will be given.
6 – 103.12-b.5 The location of fire hydrants and all water supply improvements shall be shown on the preliminary plat, and the cost of providing and installing shall be included in the performance bond.
6 – 103.12-c Sanitary Sewers. Sanitary sewers shall be provided as follows:
The sub-divider shall provide the subdivision with an existing approved sanitary sewer outlet, except that when such approved outlet is not available, one of the following methods of sewage disposal may be authorized at the Commission's discretion.
6 – 103.12-c.1 A complete sanitary sewer system to convey the sewage to a treatment plant, to be provided by the sub-divider in accordance with the minimum requirements of the Indiana State Board of Health and the Indiana Stream Pollution Control Board.
6 – 103.12-c.2 A private sewage disposal system on individual lots consisting of a septic tank and tile absorption field or other approved sewage disposal system, when laid out in accordance with the minimum standards of the Indiana State Board of Health (refer to Bulletin No. S.E. 8 and HSE 25 R, Rule 410 IAC 6-8 and for multiple family dwellings, S.E. 13, Septic Tank Sewage Disposal Systems, current issue); provided, however, that a private sewage disposal system on individual lots consisting of a septic tank and tile absorption field on soils identified by the National Cooperative Survey Soil as having a high water table shall require additional percolation tests as may be prescribed at the discretion of the Commission. The location of all percolation tests shall be indicated and the results obtained shall be tabulated. There shall be at least one percolation test for every three lots and the test holes shall be distributed throughout the subdivision and not concentrated in any one location. A four (4) or less lot subdivision should have three (3) percolation test hales per lot which shall be located in the most probable location for a septic tank absorption field. Distribution should be approved by the County Board of Health. Should the tests indicate poor percolation in the subdivision, percolation tests may be required on each lot by the Commission,
6 – 103.12-c.3 The plans for the installation of a sanitary sewer system shall be provided by the sub-divider and approved by the Indiana State Board of Health (refer to Regulation HSE 14, I.S.B.H.). Upon the completion of the sanitary sewer installation, the plans for such system as built shall be filed with the Commission.
6 – 103.12-c.4 The phrase, "the subdivides shall provide" shall be interpreted to mean that the subdivides shall install the facility referred to, or whenever a private sewage disposal system or an individual water supply is to be provided, that the subdivides shall require, as a condition of the sale of each lot or parcel in the subdivision, that the facilities referred to in these sections shall be installed by the developer of the lots in accordance with these regulations.
6 – 103.12-d Other Municipal Services. Other municipal services shall be provided as follows:
6 – 103.12-d.1 Gas lines. Where public gas is to be used the size and location of all transmission and distribution lines shall be indicated. Where the location is not explicitly defined, the Commission may designate the location of all lines in public right-of-way utility easements.
6 – 103.12-d.2 Electrical Systems.
6 – 103.12-d.2-a All electrical transmission line locations within residential subdivisions shall be approved by the Commission.
6 – 103.12-d.2-b All electrical distribution lines within the public right-of- shall be approved by the Commission as to their locations.
6 – 103.12-d.2-c All electrical sub-stations within the subdivision or immediately adjacent to the subdivision shall be adequately landscaped to provide visual screening.
6 – 103.12-d.2-d Where underground distribution and/or service is to be provided at the lot fronts, a utility easement for either or both the distribution lines and transformer pit shall be provided within the front yard setback area.
6 – 103.12-d.3 Telephone and Cable TV.
6 – 103.12-d.3-a Where applicable, telephone and cable TV lines shall be located on the same poles as the electrical distribution system.
6 – 103.12-d.3-b All telephone or cable TV lines placed within the public right-of-way shall be approved by the Commission as to location in the right-of-way.
6 – 103.12-d.4 Storm Drainage
6 – 103.12-d.4-a The subdivides shall provide the subdivision with an adequate storm water sewer system whenever curb and gutter is installed and whenever the evidence available to the Commission indicates that the natural surface drainage is inadequate. When the surface drainage is adequate, easements for such surface shall be provided. Deep open ditches for drainage are not permitted in the street right-of-way, but where curb and gutter are not provided, a shallow swale with its low point at least three (3) inches below the elevation of the sub-grade of the pavement may be permitted.
6 – 103.12-d.4-b In a subdivision where curbs and gutter are not provided, the sub-divider shall furnish one of the following types of improvements to facilitate roadside drainage and to assure suitable entrances for private driveways which are proposed to intersect the roadway:
A corrugated iron pipe, at least twelve (12) inches in diameter and fourteen (14) feet in length to be placed where required for each driveway; or
A properly dipped or swaled concrete pavement, fourteen (14) feet in length, eight (8) feet in width and site (6) inches thick, designed so as not to create a hazard to the under parts of automobiles, at the entrance of each driveway.
6 – 103.12-d.4-c Open ditches are permitted in special cases if approved by the Commission. They should be used, however, only when no other recourse is available.
6 – 103.12-d.4-d The sub-divider shall provide a drainage plan. "The plan shall show as a minimum:
Size and location of all drainage elements;
Contouring for drainage.;
Storm water basins if they are to be provided;
Drainage of all street right-of-way;
Drainage of all public land, dedicated public land and utility easements.
6 – 103.12-d.4-e Where a subdivision is traversed by an existing water course, drainage way, channel or stream, adequate area shall be reserved as an easement for maintaining, cleaning and improving the drainage way. The drainage way easement shall be of width sufficient to accommodate the drainage way as improved fox subdivision use.
6 – 103.12-d.4-f The right-of-way for all legal drains shall conform to Section 601 of the Indiana Drainage Code.
6 – 103.12-d.5 Combined Sewers. The use of a single sewer system for both sanitary and storm effluent is prohibited.
6 – 103.13
Specifications for Documents
6 – 103.13-a Preliminary Plat.
6 – 103.13-a.1 General. The preliminary plat shall be prepared by a licensed land surveyor at a scale of not more than one (1) inch equals one hundred (100) feet. It may be prepared in pen or pencil and the sheets shall be numbered in sequence if more than one (1) sheet is used. All sheets shall be of such size as is acceptable for filing in the office of the County Recorder, but shall not be larger than thirty-four by forty-four (34 x 44) inches. The map prepared for the preliminary plat may be drawn on drafting paper or reproducible mylar.
6 – 103.13-a.2 Name of Subdivision.
6 – 103.13-a.2-a Name of the existing subdivision if property is within an existing subdivision.
6 – 103.13-a.2-b Proposed subdivision name if not within a previously platted subdivision.
6 – 103.13-a.3 Ownership.
6 – 103.13-a.3-a Name and address, including telephone number, of legal owner(s) of the property, or their agent.
6 – 103.13-a.3-b Citation of any existing legal rights-of-way or easements affecting the property.
6 – 103.13-a.3-c Existing covenants to which the property is subject, if any,
6 – 103.13-a.3-d Name and address, telephone number, and registration number and seal of the professional engineer and/or surveyor responsible fax subdivision design, for the design of public improvements, and for surveys.
6 – 103.13-a.4 Description. Location of property by lot or section, township, range and civil township (metes and bounds).
6 – 103.13-a.5 Graphic scale, north arrow and date shall be included.
6 – 103.13-a.6 Features. The preliminary plat shall show the following:
6 – 103.13-a.6-a Location of property lines, existing easements, burial grounds, railroad rights-of-way, watercourses, and existing wooded areas, and names of all existing and/or platted streets or other public ways within the tract.
6 – 103.13-a.6-b The location of property with respect to surrounding property and streets, including the names of all adjoining property owners of record, the names of adjoining developments, and names of adjoining streets.
6 – 103.13-a.6-c Location, size, invert elevations, and slopes of existing sewers, water mains, culverts and other underground structures within the tract and existing permanent buildings and utility poles on the tract.
6 – 103.13-a.6-d Approximate topographic contours shown at five (5) foot intervals in rolling or hilly terrain and two (2) foot intervals in level terrain, referenced to sea-level datum and an established bench mark.
6 – 103.13-a.6-e The intended location and width of proposed streets.
6 – 103.13-a.6-f Proposals for connection with existing water supply and sanitary sewer systems, or alternative means of providing water supply and sanitary waste disposal and treatment; preliminary provisions for collecting and discharging surface water drainage.
6 – 103.13-a.6-g The intended location, dimensions, and area of all parcels of land proposed to be set aside for park or playground use or other public use, or for the use of property owners in the proposed subdivision.
6 – 103.13-a.6-i The location of temporary stakes to enable the local officials to find and appraise features of the proposed layout in the field, if needed.
6 – 103.13-a.6-j Whenever the preliminary plat covers only a part of an applicant's contiguous holdings, the applicant shall, submit, at the scale of no more than one (1) inch equals two hundred (200) feet, a sketch of the entire holdings, including the proposed subdivision area, showing an indication of the probable future street and drainage systems, for the remaining portion of the tract.
6 – 103.13-a.6-k All easements and any limitations of such easements.
6 – 103.13-a.6-l Building setback lines with dimensions.
6 – 103.13-a.6-m Lot areas in square feet.
6 – 103.13-a.6-n Typical features of driveway entrances.
6 – 103.13-a.6-o Ratios, if required by Zoning Ordinance:
- Street right-of-way to gross area of tract;
- Dwelling Units to gross area of tract;
- Dwelling Units to net area of tract.
6 – 103.13.b Final Plat.
6 – 103.13.b-1 General. The final plat shall be prepared by a registered land surveyor or engineer at a scale of not more than one (1) inch equals one hundred (100) feet. The sheets shall be numbered in sequence if more than one (1) sheet is used. All sheets shall be of such size as is acceptable for filing in the office of the County Recorder, but shall not be larger than thirty-four by forty-four (34 x 44) inches. The map prepared for the final plat shall be drawn on drafting paper or reproducible mylar.
6 – 103.13.b-2 Features. The final plat shall show the following:
6 – 103.13.b-2.a The dimensions of all boundary lines of the property expressed in feet and hundredths of a foot, the bearings of all lines to a minimum of one-half (1/2) minute. Location by Section, Quarter Section, Township, Range, Civil Township, County and State.
6 – 103.13.b-2.b The location and width of all proposed right-of-ways, easements, alleys, and other public ways, and building setback lines. Street names and/or numbers to be indicated.
6 – 103.13.b-2.c The locations, dimensions, and areas of all proposed or existing lots including dimensions of all lot lines expressed in feet and hundredths of a foot, and bearings of all lines to a minimum of one-half (1/2) minute.
6 – 103.13.b-2.d The location and dimensions of all property proposed to be set aside for park or playground use, or other public or private reservation, with designation of the purpose thereof, and conditions, if any, of dedication or reservation.
6 – 103.13.b-2.e The names and addresses of the owner of land to be subdivided;
the name and address of the sub-divider, if other than the owner; and the name, seal, registration number and address of the land surveyor and/or engineer. Also, citation of last instrument conveying title to each parcel of property involved, giving grantor, grantee, date, and land record reference.
6 – 103.13.b-2.f Legal description of subdivision.
6 – 103.13.b-2.g The date, north arrow, and scale.
6 – 103.13.b-2.h Sufficient data acceptable to the local Governmental Engineer to determine readily the location, bearing, and length of lines for reproduction of such lines upon the ground.
6 – 103.13.b-2.i The location of all proposed and existing monuments.
6 – 103.13.b-2.j Name of the subdivision.
6 – 103.13.b-2.k Lot areas in square feet.
6 – 103.13.b-2.l Protective covenants attached to plat.
6 – 103.13.b-2.m A block of space shall be set aside on the final plat for
the following information and endorsements: plat certification, subdivision dedication, instrument execution, public notice, certification, and endorsements from Notary Public, Recorder, and Auditor.
6 – 103.13.b-2.n The lack of information under any item specified herein, or improper information supplied by the applicant, shall be cause for disapproval of a final plat.
6 – 103.14
Soil And Land Use Data
The following information shall be presented with the Preliminary Plat.
6 – 103.14-a Subsurface.
6 – 103.14-a.1 Soil Conditions. The sub-divides shall submit percolation data as to location, and the rates of each test hole. In addition, sail types having severe limitations or sail absorption sewage disposal systems, as designated by the National Cooperative Soil Survey, shall not be used for soil absorption sewage disposal facilities unless the Area Plan Commission, The Vigo County Soil and Water Conservation District representatives and the Vigo County Board of Health representative agree that such planned corrective measures have been taken so as to enable adequate and safe sewage disposal. The Developer will be notified during the Pre-application Conference of those areas possessing severe limitations upon soil absorption sewage disposal systems.
6 – 103.14-a.2 Subsurface Strata. The location and results of tests made to ascertain subsurface soil, rock, and ground water conditions shall be documented.
6 – 103.14-a.3 Ground Water. The depth to ground water shall be reported to the Commission unless test pits are dry at a depth of 5 feet.
6 – 103.14-b Surface Conditions.
6 – 103.14-b.1 Natural Features. Natural features such as water courses, marshes, rock outcropping, lakes, wooded areas, isolated preservable trees one foot or more in diameter shall be identified on a plan drawing.
6 – 103.14-b.2 Man-made Features. Man-made features such as houses, barns, shacks, electrical transmission lines, and other significant features shall be identified on a plan drawing.
6 – 103.14-c Conditions on Adjacent Land to be Reported.
6 – 103.14-c.1 Topography.
6 – 103.14-c.1-a Approximate direction and gradient of ground slope, including any embankments or retaining walls.
6 – 103.14-c.1-b Character and location of major buildings, railroads, power lanes, towers, and other nearby nonresidential land uses or adverse influences.
6 – 103.14-c.1-c Approximate area of off-site water shed draining into tract.
6 – 103.14-c.2 Owners.
6 – 103.14-c.2-a owners and present usage of adjacent land.
6 – 103.14-c.2-b Identification of adjacent platted land by subdivision plat name, recording data, and number.
6 – 103.14-c.3 Zoning. Zoning on and adjacent to the tract if applicable.
6 – 103.14-c.4 Public Improvement. Proposed public improvements, such as highways or other major improvements planned by public authorities for future construction on or near the tract.
6 – 103.14-d Sediment Control. When development is proposed in areas designated by Vigo County Soil and Water Conservation District as being prone to
sedimentation and erosion, the developer must submit with his preliminary plat, a statement that sediment and erosion control methods shall be provided prior to any clearing, grading, or construction. The developer after consultation with Vigo County Soil and Water Conservation District representatives and Area Planning representatives will submit two copies of his proposed plan for sediment and erosion control. The Area Planning Department shall request a review by the Soil and Water Conservation District for their recommendations before approval of the preliminary plat.
6 – 103.14-e Landscaping.
6 – 103.14-e.1 Landscaping is encouraged in order to enhance the aesthetics of the subdivision.
6 – 103.14-e.2 The sub-divider shall submit his proposal and schedule far landscaping to the Commission prior to filing the final plat.
6 – 103.14-e.3 Use of protective screening is necessary in securing a reasonably effective physical barrier between different types of land uses. Appropriate use of fences, wall or plant materials, or in combination may be required by the Area Plan Commission.
6 – 103.14-e.4 No cut trees, timber, debris, earth, rocks, stones, sail, junk, rubbish, or other waste materials of any kind shall be buried in any land, or left deposited on any lot or street at the time the buildings are ready for occupancy.
6 – 103.15
Fees
6 – 103.15-a This subdivision ordinance establishes a uniform schedule of fees proportionate to the cost of checking and verifying the proposed plats.
An applicant shall pay the specified fee in full at the time of filing his application by check or money order in accordance with the Schedule of Fees below. The check or money order shall be made payable to Area Plan Commission of Vigo County.
TABLE B
SCHEDULE OF FEES
PREAPPLICATION CONFERENCE. NO CHARGE
PRELIMINARY AND FINAL APPLICATION SCHEDULE OF FEES:
No. Type or Intensity Preliminary Application Final Application
Of Sub-dividing Dollars Dollars
1 New Sub-division $50 and $1 per lot $25 per plat sheet
(See No. 5) or dwelling unit
whichever is greater
2 Re-sub-division $50 and $1 per lot $25 per plat sheet
(See No. 5) or dwelling unit
whichever is greater
3 Partial Mapping $50 and $1 per lot $25 per plat sheet
mapped
4 Legal Fees $10 $10
5 Private Driveways $5 per inspection First Inspection
Accessing Sub-division (one driveway) and $1 for is free, $5 for each
Street Where New each additional driveway call back per
Development Occurs in the same sub-division driveway
(Fees Apply in addition
to No’s 1, 2, 3, and 4
in this Schedule
6 Certificate of $25
Compliance
________________________________________________________________________________
6 – 103.16
Release Of Bonding
6 – 103.16-a Assurance for Completion.
6 – 103.16-a.1 As provided in Chapter 6-l03-8-A-8 the sub-divider has the option of either installing all required public improvements prior to final approval of the plat, or in lieu of installation, posting a bond in an amount sufficient to assure completion of said improvements.
6 – 103.16-a.2 Posting of Performance Bond.
6 – 103.16-a.2-a The Area Plan Commission, at its discretion, may waive the requirement that the applicant complete and dedicate all public improvements prior to the signing of the subdivision plat, and that, as an alternative, the applicant past a performance bond.
6 – 103.16-a.3 Completion of Improvement.
6 – 103.16-a.3-a The applicant shall build and pay all costs fox temporary improvements required by the Area Plan Commission and shall maintain same far the period specified by the Area Plan Commission. Prior to construction of any temporary facility or improvement, the developer shall file with the local government a separate suitable bond far temporary facilities, which bond shall ensure that the-temporary facilities will be properly constructed, maintained, and removed.
6 – 103.16-a.3-b For subdivision for which no performance bond has been posted, if the improvements are not completed within the period specified by the Area Plan commission in the resolution approving the plat, the approval shall be deemed to have expired, and the final plat void.
6 – 103.16-a.4 Acceptance of Dedication Offers.
6 – 103.16-a.4-a Acceptance of formal offers of dedication of streets, public areas, easements, and parks shall be by official action of the Board of Public Works, Town Board or Board of County Commissioners.
6 – 103.16-a.4-b The approval by the Plan Commission of a subdivision plat shall not be deemed to constitute or imply the acceptance-by the local government of any street easement, or other public areas shown on said plat.
6 – 103.16-a.5 Release or Reduction of Performance Bond.
6 – 103.16-a.5-a The Governing Body shall not accept dedication of required improvements, nor release nor reduce a performance band, until the governmental Engineer has submitted a certificate stating that all required improvements have been satisfactorily completed.
6 – 103.16-a.5-b A performance bond may be reduced upon actual dedication and acceptance of public improvements and then only to the ratio that the dedicated public improvements bear to the total public improvements for the plat. In no event shall a performance bond be reduced below ten (10) percent of the principal amount until all improvements have been completed and accepted.
6 – 103.16-b Deferral or Waiver of Improvements.
6 – 103.16-b.1 General Conditions. The Area Plan Commission may defer or waive at the time of final approval, subject to appropriate conditions, the provisions of any or all such improvements as, in its judgment, are not requisite in the interest of public health, safety, and general welfare, or which are inappropriate because of inadequacy or lack of connecting facilities.
6 – 103.17
Repealer
All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
6 – 103.18
Severability Clause
If any section, provision, or part of this ordinance is adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any Section, provision, or part thereof not adjudged invalid or unconstitutional.
6 – 103.19
Effective Date
Passed and adopted by the Board of Commissioners of Vigo County, Indiana, on March 4, 1981.